Research by Professor Jessica Asbridge Informs Constitutional Question Before the U.S. Supreme Court

Baylor Law Professor Jessica Asbridge’s research is contributing to a significant case that the U.S. Supreme Court will hear during its 2026 term. Her work on the Excessive Fines Clause and the constitutional limits on government-imposed penalties is helping shape an amici curiae brief that addresses how courts should determine when a fine becomes constitutionally excessive.

The case, Jouppi v. Alaska, asks the Court to clarify how judges should determine whether a government-imposed fine violates the Excessive Fines Clause. Specifically, the Court will consider whether the severity of an offense should be evaluated only in the abstract or if it should also consider the particulars of the specific defendant’s conduct.

The dispute arose after an Alaska pilot transported a client who attempted to bring three cases of beer into a community where alcohol importation was prohibited. As a result, the pilot was convicted of illegal transportation of alcohol. Under Alaska law, this offense resulted in the forfeiture of the pilot’s aircraft, valued at over $95,000. The Alaska Supreme Court determined that forfeiture of the aircraft did not violate the Excessive Fines Clause.

Asbridge, along with two other law professors, is participating in an amicus curiae brief in this case, with the law firm Paul, Weiss providing pro bono representation. The brief draws heavily on Asbridge’s article, “Fines, Forfeitures, and Federalism,” published in the Virginia Law Review in 2025. Her research examines how courts should apply the Excessive Fines Clause to state and local fines and property forfeitures, particularly when government entities have significant discretion in imposing financial penalties.

In the article, Asbridge argues that courts should apply heightened scrutiny to certain fines and forfeitures due to the potential financial interests governments may have in the penalties they impose. She connects the Excessive Fines Clause to constitutional protections against government demands for private property, proposing a framework that provides stronger safeguards against disproportionate financial penalties while still respecting appropriate state and local authority.

The Supreme Court granted review of Jouppi on July 20, placing an important question about the constitutional limits of fines and forfeitures before the nation’s highest court. As the justices take up that issue, Professor Asbridge’s scholarship will help inform a debate